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CC approval of ORD on 5/8/2007 THE.CITY.OF DEPT: PLANNING DATE: May 8, 2007 ITEM #: 9/G AGENDA REQUEST FORM COPPELL ...~- * ~~. ~;~() o WORK SESSION o CONSENT D REGULAR ITEM TYPE: ORDINANCE ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1238-C, Kegs N Cellar, zoning change from C (Commercial) to S-1238-C (Special Use Permit-1238-Commercial) to allow a 2,850-square-foot convenience/retail store to be located at 777 S. MacArthur Blvd., #413-417, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: On February 15, 2007, the Planning Commission recommended approval of this zoning change (6-1). Commissioner Borchgardt opposed. Motion to Approve Ord. # 91500-A-458 On March 27, 2007, Council unanimously approved the zoning change (7-0). M - Peters S - Brancheau Staff recommends approval. Vote - 6-0 Hinojosa-Flores absent . Libby Ball ~.. ...2007.05.21 . 16:20:10 -05'00' 1(cj)"-l?~R-r I(Nr ()Rn l-ARlrnnl AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. cr/...50fJ -A -1S8 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM C (COMMERCIAL) TO S-1238-C (SPECIAL USE PERMIT-1238-COMMERCIAL) TO ALLOW A 2,850-SQUARE-FOOT CONVENIENCE/RETAIL STORE TO BE LOCATED AT 777 S. MACARTHUR BLVD., #413-417, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, SIGN PLAN, ATTACHED HERETO AS EXHIBITS "B", "C", AND "D"; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-I238-C should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City ofCoppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from C (Commercial) to S-I238-C (Special Use Permit-I238-Commercial) to allow a 2,850-square-foot convenience/retail store to be located at 777 S. MacArthur Blvd., #413-417, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 TM 15919.2.00 SECTION 2. That the Special Use Permit to allow the operation of a 2,850-square-foot convenience/retail store, is hereby approved subject to the following special conditions: (A) The development shall be in accordance with the site plan, floor plan and sign plan. (B) The hours of operation shall not exceed 7 a.m. to midnight Monday through Saturday and noon to midnight on Sundays. (C) Compliance with all City of Coppell Ordinances applicable to the operation, as well as Texas Alcoholic Beverage Commission rules and regulations, which are applicable to this use SECTION 3. That the site plan, floor plan and sign plan shall be attached hereto as Exhibits "B", "C", and "D"; and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions ofthis ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to 2 TM 15919.200 be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the 8~ day of ?reu ,2007. ATTEST: ~tJ>gCiIe ~ B BALL TY SECRETARY ROB 3 TM 15919.2.00 (REH/cdb) [JDO reviewed only 03/21/06] 4 TM 15919.2.00 Legal Description Being Lot 4, Block 1 of Cappel I Crossing, being a subdivision in the City of Coppell, known as: 777 South MacArthur Boulevard Suites 413 and 417 Coppell, Texas 75019 Exhibit "A" ~ EXISTING RESTAURANT ~ ~ PARKING PROVIDED BY LANDLORD AS REQUIRED BY CITY ORDINANCE-CODE IN ORIGINAL CONSTRUCTION OF SHOPPING CENTER. USE = RETAIL (MERCANTILE) -.J "I ;J, } Ill; r PARKING~; PARKING PROPOSED LOCATION Kegs N Cellar 777 South MacArthur Blv'd. #413 and #417 Coppell, TX. 2,850 SF BEL TUNE ~ v ~l r f?cft ~s(" EXISTING RETAIL CENTER a::: :J I I- ~ BEL TUNE ~l @ OATE: FES 19. 2007 SCALE .. NONE DRwN BY: RK Kegs N Cellar PROPOSED RETAIL STORE, COPPELL, TEXAS :Ill "Vlt) RK Planning in~[ @ ~ ~f ~:S~ '" Richard King, AlA ~ f ~ ~ Archltectur. land Planning ... g > Management Interior. >' SHEET 1 OF 3 NOTE: ARCHITECTURAL DESIGN COPYRIGHT PER STATE AND FEDERAL LAW EXHIBIT "B" ) "0 / o 0 // 2'X2.1 LAYIN CEILING WI ~/ 2X4 FLOR. L1GHTS.WI SWITCHS LINE OF COUNTER BELOW 2X4 LAYIN CEILING WI (3) 2X4 FLOR L1GHTS/(l) SWITCH 3 COMP SINK MOP/WH ~ if] ~ ~ EXISTING FIRE SPRINKLER ROOM 100% HANDICAP FIXTURES AND LEVER PRIVACY DOOR , HARDWARE 2X4 LAYIN CEILING WI 1 2X4 FLOR LIGHT ISWITCH 2X4 LAY IN CEILING WI 1 2X4 FLoR LIGHT ISWITCH GYP. BD. AND STUD PAINTED BLACK AT COOLER T oto.l o.llowed building signo.ge SF = 46.41 SF DATE: FEa 19, 2007 SCAlE. 3/16" . I' ORWN BY: RK RADIUS FURR DOWN GYP. BD. AND STUDS ABOVE CASHIER AREA WI DOWNLlGHTSISWITCH , ~5 _":l" NORTH 46'-5" Lease area length GYP. BD. AND STUD PAINTED BLACK FOR WINDOWS. INSTALL BLACK MIMI BLINDS /~ // , RELOCATED ENTRY DO~~ // , ~ ~ ~ =- ~ - ~ \ ENTRY ---.J 0 [AR T S \ '['ES \ r. - - - ~ - 1 ICE 0 ,- --1 \ BLJLK DISPLAY "".OOH ~ U CE\LI~'-r:'s 411:-'" I-D I ~~RB~~E. ;'.J:.J~~EDl ' MECH.I L, . " / [E] RETAIL ~ I' I in N '0 I <0 I Co 3'-7" l'-7"DEEJ~ / L 14'-2" w ,r---, . ,'[!I I - I ,;;1 1 NO~TED I 21 I STRUCTURE AND ALL9 I VlI _'iA' MECH.lELEC. ETC. ;aU 1-----1 I:::;~ J I BULK DISPLAY I I - L_____-' \ CARTS \ r--r----;--l ~. 1.. SOUTH DESIGN DEVELOPMENT FLOOR PLAN 777 South MacArthur Blv'd. #413 and #417 Coppell, TX. 2,850 SF <0 I N ENTRY GYP. BD. AND STUD PAINTED BLACK AT COOLER RELOCATED ENTRY DOOR Kegs N Cellar PROPOSED RETAIL STORE, COPPELL, TEXAS SHEET 2 OF 3 NOTE: ARCHITECTURAL DESIGN COPYRIGHT PER STATE AND FEDERAL LAW EXHIBIT "c" <I: W O. TILE Q: <I: W<I: VlN 23 DOOR <l:N COOLER w_ ...Ill. 12'-0" , I 'J RK Planning Richard King, AlA Archltectur. Land Planning Management Interiors "0 I (]l .... I .... U) :lll ~n ~ ~ ~ii ! ~ t_a. h i~ q "" 3 S ~. o -~ > INmVIDUAL. CHANNEL. SIGN LETTERS ~H CDLOR - \/HITE 23 SQFT. 13'-7" Ker..~T=Cell~ ~~7 1/2" Building Signage SCAlE - 3/8" - l' Notel Slgnage to Meet city requireMents anol shopping center existing colors o.nol standarc/s, Slgnage power conc/ults-ro.cewo.ys to I'lo.tch building Masonry color, J~i.~E:-E"::' '~E:a.::=:;.~~~.:Tk;J-~~:-~.u::~_~ , ... :LK:eg8- ,I",~=CeIlaiTo"", . ,~'~;E~~~..;i:::':!f~~;-;'f;~~~';:'~i~~~1ff North Elevation SCAlE - 3/11S- - l' 777 South MacArthur Blv'd. #413 and #417 Coppell, TX. 2,850 SF T oto.l allowed bullc/lng slgnoge SF = 46.41 SF KegS:KCel~ INDIVIDUAL. CHANNEL. SIGN LETTERS 'WITH CDLDR - 'WHITE 23 san, South Elevation SCALE . 3/18- . l' J Bullclng fir. Sprlnkl.r RoOl'l 66'-2- West Elevation SCALE - J/llS- - l' 1li\TE: FEe 19, 2007 SCAlE . 3/18- . l' DRWN BY: RK Kegs N Cellar PROPOSED RETA[ STORE, COPPE~ TEXAS } RK Planning II~IBf Richard King, AlA g i" An:lII........ ...... PI....... I !11!: -....~ ......... .. SIET 3 Of" J NOTE: ARCHITECTURAL DESIGN COPYRIGHT PER STATE AND FEDERAL LAW EXHIBIT "D"